People v. Cephas

Appellate Division of the Supreme Court of New York

People v. Cephas

240 A.D.2d 169, 658 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 5833

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 1997

StatusPublished

Cited by2 cases

This text of 240 A.D.2d 169 (People v. Cephas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cephas, 240 A.D.2d 169, 658 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 5833 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Murray Mogel, J., at hearing; Felice Shea, J., at jury trial and sentencing), rendered January 13, 1995, convicting defendant of criminal possession of a weapon in the third degree and criminal contempt in the second degree, and sentencing him to concurrent prison terms of 2 to 6 years and 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had reasonable suspicion to stop and detain defendant, who matched the radio transmission, received seconds earlier, of a black male wearing a brown jacket, and who was the only person in the vicinity (see, People v Tucker, 223 AD2d 424), other than a man and a woman who were both standing on the steps of the building indicated in the radio run and were pointing at the defendant and telling the police "that’s him” (see, People v Dickerson, 238 AD2d 147). The police were also justified in frisking defendant for their own safety, since the radio run indicated that defendant was armed with a gun (see, People v De Bour, 40 NY2d 210, 223). We perceive no abuse of sentencing discretion. Concur—Sullivan, J. P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Murray Mogel, J., at hearing; Felice Shea, J., at jury trial and sentencing), rendered January 13, 1995, convicting defendant of criminal possession of a weapon in the third degree and criminal contempt in the second degree, and sentencing him to concurrent prison terms of 2 to 6 years and 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had reasonable suspicion to stop and detain defendant, who matched the radio transmission, received seconds earlier, of a black male wearing a brown jacket, and who was the only person in the vicinity (see, People v Tucker, 223 AD2d 424), other than a man and a woman who were both standing on the steps of the building indicated in the radio run and were pointing at the defendant and telling the police "that’s him” (see, People v Dickerson, 238 AD2d 147). The police were also justified in frisking defendant for their own safety, since the radio run indicated that defendant was armed with a gun (see, People v De Bour, 40 NY2d 210, 223). We perceive no abuse of sentencing discretion. Concur—Sullivan, J. P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

240 A.D.2d 169, 658 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 5833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cephas-nyappdiv-1997.

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